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Fees and Ames Declaratory Order |
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Collecting Money Owed from Students: Page 4 of 4
Collecting money owed
from students for school lunch or unpaid fees or fines can be a frustrating
experience. Both school districts and
nonpublic schools need to be aware that certain debt collection practices are
prohibited by law. A school or school
district is prohibited by Iowa Code chapter 537 (the Consumer Credit Code) from
doing any of the following:
1. Posting a
list of names of students who owe money - even if the amount is not listed.
2. Communicate
to anyone except the student and student's family that money is owed. This does not prohibit a school from hiring
an attorney or agent to collect the debt.
Nor does it prohibit a school, once judgment is obtain, from legally
collecting on the judgment by garnishing wages or seizing bank accounts of the
debtor.
3. Send a note
home with a student if anything on the outside of the envelope indicates that
the letter is about money owed to the school.
4. Withhold
grade reports or diplomas until money is paid in full, or prohibit a student
from participating in commencement exercises.
Although the question
arose in the context of school lunch, the above information applies to any debt
owed to a school or school district.
Protect yourselves and know what chapter 537 does and does not
allow. There are large fines associated
with violating chapter 537. The one
legal option is to sue the responsible party (usually a parent or guardian) in
small claims court.
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Last Updated ( Tuesday, 12 August 2008 )
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